PAINTER v. COMMONWEALTH


171 S.E.2d 166 (1969)

210 Va. 360

Henry Boyd PAINTER v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

December 1, 1969.


Attorney(s) appearing for the Case

Humes J. Franklin, Jr., Waynesboro (Gordon W. Poindexter, Jr., Waynesboro, on brief), for plaintiff in error.

W. Luke Witt, Asst. Atty. Gen. (Robert Y. Button, Atty. Gen., Reno S. Harp, III, Asst. Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN, and HARMAN, J J.


HARRISON, Justice.

Henry Boyd Painter was convicted of the murder of his wife, Vallie Mae Simmons Painter, on May 1, 1968, and his punishment fixed at fifty years confinement in the penitentiary. From the judgment of the lower court sentencing the accused in accordance with the jury verdict, we granted defendant a writ of error.

The questions pertinent to this decision concern the failure of the trial court to grant instructions on second degree murder and...

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